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Temple Criminal Defense > Blog > Trespassing > How Can I Defend Against Criminal Trespass Charges In Texas?

How Can I Defend Against Criminal Trespass Charges In Texas?


Facing any kind of misdemeanor offense in Texas can have serious consequences, from the possibility of jail time and monetary penalties to repercussions that could affect your job and livelihood. Criminal trespass charges are one common type of misdemeanor offense that can be charged under Section 30.05 of the Texas Penal Code. This specific type of offense is listed under the Texas Penal Code with burglary.

The law defines the crime of criminal trespass as a situation in which a “person enters or remains on or in property of another, including residential land, agricultural land, a recreational vehicle park, a building, a general residential operation operating as a residential treatment center, or an aircraft or other vehicle, without effective consent” when the person either “had notice that the entry was forbidden” or “received notice to depart but failed to do so.”

If you are charged with criminal trespass, what kinds of defenses can you use to beat the charges you are facing? Consider some of the following possibilities, which our Temple criminal trespass defense attorneys can discuss with you in greater detail.

You Had Consent to Be On the Property

 One of the strongest defenses to criminal trespass charges is that you had effective consent from the property owner to be there. There are various ways in which a property owner may give consent, and you should seek advice from a criminal defense lawyer in Texas about whether you may have had consent to be on the property.

You Did Not Have Notice That You Could Not Be on the Property

 In order to be convicted of criminal trespass in Texas, the prosecution needs to prove that you did not have proper notice that you could not be on the property. Proper notice can take different forms. It may involve the property owner posting “no trespassing” signs or placing a fence around the exterior, or it could involve the property owner giving you oral notice that you need to leave the property. If you did not have notice that you could not be on the property, you may have a strong defense to any criminal trespass charges you are facing.

You Were Lawfully Allowed to Be on the Property 

In some cases, you may be able to prove that you were on the property lawfully even if you did not have consent from the purported property owner. For example, ownership of the property may be in dispute, and you may actually be a partial legal owner of the property. Or, for example, you might have been on public property that a law enforcement officer mistook for private property.

Contact a Temple Criminal Defense Lawyer 

When you are facing criminal trespass charges or any kind of misdemeanor charges in Texas, it is critical to have an experienced criminal defense attorney on your side to help you get the charges dismissed or to get an acquittal. Every defense strategy should be tailored to the particular facts of your case. If you are facing charges, you should contact a Temple criminal trespass defense lawyer at The Law Office of Katie L. Gomez, PLLC to find out more about fighting the criminal trespass charges you are facing and potential options for your defense.



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